House Bill 0535

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    Florida House of Representatives - 1999                 HB 535

        By Representative C. Green






  1                      A bill to be entitled

  2         An act relating to to banking; amending s.

  3         655.0385, F.S.; authorizing the Department of

  4         Banking and Finance to exempt certain financial

  5         institutions from certain notice requirements

  6         under certain circumstances; authorizing the

  7         department to adopt rules; amending s. 655.948,

  8         F.S.; clarifying conditions under which the

  9         department may exempt certain financial

10         institutions from certain notice requirements;

11         specifying continued application of such notice

12         requirements to certain financial institutions;

13         amending s. 658.26, F.S.; authorizing certain

14         financial institutions to establish branches

15         without being subject to certain requirements

16         under certain circumstances; providing an

17         effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Subsection (1) of section 655.0385, Florida

22  Statutes, is amended, and subsection (4) is added to said

23  section, to read:

24         655.0385  Disapproval of directors and executive

25  officers.--

26         (1)  Each state financial institution shall notify the

27  department of the proposed appointment of any individual to

28  the board of directors or the employment of any individual as

29  an executive officer or equivalent position at least 60 30

30  days before such appointment or employment becomes effective,

31  if the state financial institution:

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    Florida House of Representatives - 1999                 HB 535

    705-105-99






  1         (a)  Has been chartered for less than 2 years;

  2         (b)  Has undergone a change in control or conversion

  3  within the preceding 2 years, however, the department may

  4  exempt from this paragraph any financial institution which

  5  operates in a safe and sound manner in order to reduce the

  6  regulatory burden on such institution;

  7         (c)  Is not in compliance with the minimum capital

  8  requirements applicable to such financial institution; or

  9         (d)  Is otherwise operating in an unsafe and unsound

10  condition, as determined by the department, on the basis of

11  such financial institution's most recent report of condition

12  or report of examination.

13         (4)  The department may adopt rules to implement this

14  section.

15         Section 2.  Subsection (4) of section 655.948, Florida

16  Statutes, is amended to read:

17         655.948  Significant events; notice required.--

18         (4)(a)  The department shall will exempt a financial

19  institution from any of the provisions of this section if the

20  department determines that such financial institution is

21  operating in a safe and sound manner in accordance with

22  department rules relating to safe and sound operations.  The

23  department, prior to granting any such exemption, shall adopt

24  rules defining the term "safe and sound" and explicitly

25  stating the criteria which shall constitute operating in a

26  safe and sound manner.

27         (b)  Notwithstanding paragraph (a) this section, all

28  newly chartered financial institutions and financial

29  institutions which have undergone a change in ownership which

30  is not the result of a merger, consolidation or acquisition by

31  a financial institution exempted in paragraph (a), shall be

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    Florida House of Representatives - 1999                 HB 535

    705-105-99






  1  subject to the requirements of subsections (1) and (2) these

  2  provisions for 3 years.

  3         Section 3.  Paragraph (c) of subsection (2) of section

  4  658.26, Florida Statutes, is amended to read:

  5         658.26  Places of transacting business; branches;

  6  facilities.--

  7         (2)

  8         (c)  As provided by rule of the department, a financial

  9  institution operating in a safe and sound manner may establish

10  a branch by filing a written notice with the department at

11  least 30 days prior to opening such branch.  In such case, the

12  financial institution shall not be required to file a branch

13  application nor pay a branch application fee A branch

14  application, filed by a strong, well-managed state bank or

15  trust company, which is not denied within 10 working days

16  after receipt of the application shall be deemed approved

17  unless the department notifies the financial institution in

18  writing that the application was not complete.

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20  For the purposes of this section, a strong, well-managed state

21  bank or trust company is an institution that has been in

22  operation for at least 24 months, is well capitalized, has

23  received a satisfactory rating at the institution's most

24  recent state or federal safety and soundness examination, and

25  is not the object of any enforcement action.

26         Section 4.  This act shall take effect July 1, 1999.

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    Florida House of Representatives - 1999                 HB 535

    705-105-99






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  2                          HOUSE SUMMARY

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      Exempts financial institutions which operate in a safe
  4    and sound manner from specified notice requirements and
      authorizes such institutions to establish branches
  5    without being required to file a branch application and
      pay an application fee. Provides for the Department of
  6    Banking and Finance to adopt rules relating to safe and
      sound operations of financial institutions.
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